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I have not been charged but my husband was charged with

I have not been...

I have not been charged but my husband was charged with assault against our kids. He was given a no contact order against me and the kids. How can I get this condition changed

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

This is in ontario

Lawyer's Assistant: Has anything been filed or reported?

An anonymous complaint was filed and he was charged with assault 266 cc. Police have never been called to the house and no complaint was filed by me

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Where are you located. And does this cost anything

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Answered in 16 minutes by:
3/9/2018
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,748
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified

Hello, thank you for the question.

This is a US based site, and you're on the Canada Law category. I'm an Ontario lawyer.

You asked what it costs. You should check your site account, and contact customer service before we discuss the issues if you're unclear on that. I'm not a site employee and I can't tell you what you've already paid or what you've committed to paying to the site.

I can ask customer service to contact you if you like. Shall I do that before we continue?

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Customer reply replied 4 months ago
I have paid 52 dollars. I am just looking for information

If you're ok to continue then I'm here.

When was your husband charged? Do you know what his first court date is?

Can you tell me about what happened, without using details that will identify anyone?

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Customer reply replied 4 months ago
He was charged yesterday. The charges are against my 2 girls not me. That is why I don't understand a no contact with me. He was released on a promise to appear. With a no contact clause. His first court date isn't until April 3

Were you a witness?

Is the CAS involved yet?

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Customer reply replied 4 months ago
cas is involved. They have started an investigation. I was interviewed but not a witness
Customer reply replied 4 months ago
Cas was surprised that they was no contact with me.

That is unusual, I admit.

Will your husband have a lawyer? If so, do you know who it is?

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Customer reply replied 4 months ago
He will get a lawyer. I don't know who it is

OK, normally you could contact the Crown directly or through Victim / Witness services to express that you don't have any fear of the accused and that there's no need for a "no contact" order.

However you need to tread lightly here. The Crown and the CAS will be talking to each other, so you don't want to advocate too strongly for your husband or else the CAS will believe that you're putting your relationship ahead of the children's safety.

So I'd recommend that you lay low for a bit, let the CAS conduct their investigation (and you ought to be co-operative with them without agreeing with them that the children are at risk of harm from their father), find out who your husband's lawyer is, and contact him or her directly to strategize. There's nothing stopping you from communicating with the lawyer.

Does that make sense?

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Customer reply replied 4 months ago
it does make sense. Thank you.

I'm happy to keep this thread open so you can come back to me as things develop, perhaps when the CAS comes calling to interview the children.

In the meantime, if you'd rate the service positively so that I get paid by the site for helping you today, I'd appreciate it very much.

Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,748
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
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